Res P-06-10
RESOLUTION NO. P-06-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 05-17
ASSESSOR'S PARCEL NUMBER 320-020-39
WHEREAS, a request for a Variance approval was submitted by Curtis Moring,
Jr. to legalize and allow a combined wall/fence to have a height up to 8.5 feet in the rear
and side yard areas of the residential property located at 11552 Creek Road when the
maximum height permitted within the Creek Road Enclave Specific Plan area is 6 feet;
and
WHEREAS, on February 21, 2006, the City Council held a public hearing on the
above-referenced item; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical
Exemption from the California Environmental Quality Act (CEQA), pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on a developed property,
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 05-17 to legalize and allow the height of a
combined wall/fence constructed along the rear and side property lines of the property
located at 11552 Creek Road to have a height up to 8.5 feet when the maximum height
permitted within the Creek Road Enclave area is 6 feet, are made as follows:
A, That there are special circumstances applicable to the property in that the
property is located at the base of a hill and adjacent residential property to the
west and south are at higher elevations, which result in diminished rear yard
privacy on the subject lot.
B, Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
property is located at the base of a hill and adjacent residential property to the
west and south are at higher elevations, which result in diminished rear yard
privacy on the subject lot.
Resolution No. P-06-10
Page 2
C, Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that a Building Permit will be required for the
wall/fence to insure the structural integrity,
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone because the
adjoining properties at higher elevations are not so physically burdened, as is the
subject site,
E, Granting the Variance would not allow a use not otherwise expressly authorized
by the Creek Road Enclave Specific Plan or the South Poway Planned
Community zone because fencing is permitted in the Creek Road Enclave
Specific Plan area and within the South Poway Planned Community zone,
F. Granting the Variance will be compatible with the City's General Plan because
the fencing is permitted on residentially zoned property.
Section 3: The City Council hereby approves Variance 05-17, legalizing and allowing
the height of a combined wall/fence constructed along the rear and side property lines
of the property located at 11552 Creek Road, within the Creek Road Enclave Specific
Plan area, to have a height up to 8.5 feet when the maximum height permitted is 6 feet,
subject to the following conditions:
A. Approval of this request shall not waive compliance with any sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
B, Within thirty (30) days after City Council approval of the Variance, the applicant
shall submit in writing to the City that all Conditions of Approval have been read
and understood.
C. Within 30 days of this approval the property owner shall apply for a Building
Permit for the combined 8.5-foot-high retaining wall/fence. Within 120 days of
this approval the property owner shall obtain a Building Permit.
D. Prior to Building Permit issuance, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
Section 4: The approval of Variance 05-17 expires on February 21, 2008,
at 5:00 p.m, unless, prior to that time, a Building Permit has been obtained in reliance
on the Variance approval prior to the expiration.
Resolution No. P-06-10
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 21 st day of February 2006.
Mic
ATTEST:
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Sherrie D, Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS,
COUNTY OF SAN DIEGO )
I, Sherrie D, Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-06-10 was duly adopted by
the City Council at a meeting of said City Council held on the 21st day of February
2006, and that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: REXFORD
VuW~
Sherrie D. Worrell, Deputy City Clerk
City of Poway